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Judicial Review of Fictitious Arbitration

  • Jianli Song,
  • Bing Cheng

摘要

At present, the credibility system of Chinese society has not been fully established. Some parties who lack the awareness of integrity and pursue illegal interests, through malicious collusion, fictitious legal relations, providing misrepresentations or forging evidence, quickly and improperly obtain arbitral awards in the form of arbitration, infringing on the legitimate interests of others from time to time. Fictitious arbitration not only damages the rights and interests of other outsiders in the arbitration case but also violates the institutional value of arbitration autonomy, confidentiality and efficiency.